Please help. Husband was in Canada (and still is) at the time his H1B was approved, so he received I797B instead of the usual I797A approval. Since I797B comes without I-94 attached at the bottom, his H1B status becomes valid only after he gets his visa stamped from home country and enters the US on H1B. Due to COVID, we don’t intend to make a trip to India anytime soon. Will his employer be able to start the PERM/I-140 process without him having H1B status and while he’s still working in Canada?

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Has the husband negotiated filing for GC starting day 1? Companies usually wait a year

Didn't need to negotiate I guess. Same employer for past 5 yrs

I think he has to be working for the US firm for them to initiate an I140

He is working for US firm, but from Canada

Yes, you do not need to be in the US for your Perm to be initiated.

Perm is to establish qualification for a candidate for a potential job (or the existing job). If he is outside they can pursue the GC but I don't know whether that would restrict him to come back in until the perm is approved.

He is working for same US firm for last 5 yrs. Continuing to wfh from Canada

No he can't initiate ,he has to be here physically. BTW, why can he not get a stamping from Indian embassy in Canada? Explored that option?

Hi - Are there any appointments available in Canada? I want to get L2 Visa and considering Canada

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